RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           7 October 2004
      DOCKET NUMBER:  AR2004102975


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Walter T. Morrison            |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Patrick H. McGann Jr.         |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reconsideration of his request for
correction to the following items on his separation document (DD Form 214):
 Item 12b (Separation Date This Period); Item 19a (Mailing Address After
Separation); Item 19b (Nearest Relative); Item 24 (Character of Service);
Item 25 (Separation Authority); Item 26 (Separation Code); and Item 27
(Reentry Code).  He further requests reconsideration of his request that
additional earned awards and his secondary military occupational specialty
(MOS) be added to his record and separation document.

2.  The applicant states, in effect, that his separation date is incorrect
and should be 17 May 1993.  He further claims that the mailing address and
nearest relative listed in his separation document were incorrect.  He also
contends that the authority, narrative reason for separation and the
corresponding Separation Program Designator (SPD) code and reentry (RE)
code listed on his separation document are incorrect and should reflect
codes that would allow for his reentry into military service.

3.  The applicant further states that the following awards are missing from
his record:  Army Achievement Medal (2nd Award), Southwest Asia Service
Medal, Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-
Kuwait, Humanitarian Service Medal, Army Commendation Medal, and Armed
Forces Service Medal.  He also claims that he held the secondary MOS of 71L
(Administration Specialist) and this should be entered on his separation
document.  Finally, he requests a discharge certificate showing the type of
discharge he received.

4.  The applicant provides a copy of his DD Form 214 in support of his
application.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, proper resolution of any error or
injustice in the applicant’s record.  Counsel also requests that the Korean
Defense Service Medal (KDSM) be added to the record and that the applicant
be issued a corrected separation document (DD Form 215) that includes this
award.

2.  Counsel states, in effect, that he is confident that the Army Board for
Correction of Military Records final decision will reflect sound equitable
principles consistent in law, regulation, policy and discretion.
3.  Counsel provides a self-authored statement in support of the
application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2001064023 on 26 February 2002.

2.  In its original findings, the ABCMR found no evidence of record or
independent evidence to support the applicant’s claim that his separation
date was incorrect.  It further concluded that there was no evidence to
support the applicant’s claim of entitlement to additional awards that were
not listed in his record or on his DD Form 214 or that supported his claim
that he held the secondary MOS of 71L.  Further, it was concluded that the
authority and reason for the applicant’s separation were properly recorded
and that the corresponding SPD and RE codes were correct.  The Board
finally determined that the applicant failed to submit sufficient relevant
evidence to demonstrate the existence of a probable error or injustice and
it denied his application.

3.  The applicant provides no new independent evidence to support his
reconsideration request, but he does raise new contentions that indicate
the mailing address and nearest relative listed on his DD Form 214 are
incorrect.

4.  The applicant’s record shows that he enlisted in the Regular Army and
entered active duty on 18 May 1989.  He was trained in, awarded and served
in MOS 63H (Track Vehicle Mechanic).  The record documents no other MOS
training or award.  The record further shows that he completed an overseas
tour in Korea on 19 December 1990; however, no other overseas service is
recorded.

5.  The applicant’s record further shows that during his active duty
tenure, he was awarded the National Defense Service Medal, Army Service
Ribbon, Overseas Service Ribbon and Marksman Qualification Badge with Rifle
Bar.  His Military Personnel Records Jacket (MPRJ) contains no other orders
or documents indicating that he earned any additional awards while serving
on active duty.
6.  On 4 January 1993, the applicant received an under other than honorable
conditions (UOTHC) discharge.  The DD Form 214 he was issued at the time
confirms he was separated under the provisions of chapter 10, Army
Regulation 635-200.  It also reveals the narrative reason for his
separation was for the good of the service-in lieu of court-martial and
that based on the authority and reason for his discharge, he was assigned a
SPD code of KFS and RE code of 3.

7.  The applicant authenticated the DD Form 214 he was issued on the date
of his separation, 4 January 1993, with his signature in Item 21 (Signature
of Member Being Separated).  There is no indication he questioned any of
the information recorded in the document at that time.

8.  On 16 October 2000, the Army Discharge Review Board (ADRB) voted to
upgrade the applicant’s discharge to a general, under honorable conditions
discharge based on his overall record of service.  However, it found the
authority and reason for the applicant’s discharge was proper and it voted
not to change it.

9.  As a matter of information, requests for award of the KDSM will be
submitted to the National Personnel Records Center (NPRC), St. Louis,
Missouri at the following address:  National Personnel Records Center, 9700
Page Avenue,
St. Louis, Missouri  63132-5100.  NPRC will add the KDSM to the DD Form 214
by issuing a DD Form 215.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served on active duty for

3 years, 7 months and 17 days between 18 May 1989 and 1 January 1990.  It
further confirms he was properly discharged under the provisions of chapter
10, Army Regulation 635-200, for the good of the service-in lieu of court-
martial and that he was assigned the correct corresponding SPD and RE
codes.

2.  Further, the record verifies that all awards he earned while serving on
active duty were properly recorded on his separation document and that he
was never trained in or awarded a secondary MOS.  Finally, the
characterization of his service was properly recorded as UOTHC at the time
of his separation and corrected to general, under honorable conditions as a
result of ADRB action in 2000.  Therefore, the determinations made by the
Board in regard to these issues during its original consideration of this
case remain valid.

3.  Regarding the applicant’s request for a discharge certificate, general
discharge certificates are no longer issued.  As a result, no relief is
available on this issue.

4.  The only new claims raised by the applicant in his latest application
that were not previously addressed by the Board during its original
consideration of this case are the mailing address and nearest relative
entries on his separation document, which he now claims are in error.
However, the applicant verified this information was correct at the time
the DD Form 214 was issued.  Given he fails to provide any evidence that
suggests he has or would suffer some injustice as a result of these entries
remaining the same, there is no basis for changing them at this late date.


5.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_WTM___  _PMS___  _PHM___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR set forth in Docket Number AR2001064023, dated 26 February 2002.





            _WALTER T. MORRISON_
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004102975                            |
|SUFFIX                  |                                        |
|RECON                   |2001064023                              |
|DATE BOARDED            |2004/10/DD                              |
|TYPE OF DISCHARGE       |GD)                                     |
|DATE OF DISCHARGE       |1993/01/04                              |
|DISCHARGE AUTHORITY     |AR 635-200, C10                         |
|DISCHARGE REASON        |IN LIEU OF CM                           |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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